McCoy v. Southern Lumber Co.

McCoy sued Southern Lumber Company in the superior court for damages for personal injuries. Paragraph 6 of the *252petition alleged that “on July 24, 1926, and prior thereto, said defendant company had in its regular employ at its sawmiüing plant at Pembroke more than ten men, and was not operating under the workmen’s compensation act.” The answer merely denied this paragraph. After the evidence had closed the court rendered the following judgment: “Upon motion of defendant the within case is dismissed, it appearing from the evidence that the industrial commission has jurisdiction, and that this…